Minutes - 09/28/2004 - Board of Trusteesi
MINUTES OF THE SEPTEMBER 28, 2004 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
OCTOBER 12, 2004.
1. CALL TO ORDER:
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:35
p.m. The Pledge of Allegiance was given.
2. ROLL CALL:
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel,
John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey Moline, Assistant
Village Manager; Robert L. Kallien, Jr., Director of Community
Development and Dale L. Durfey, Jr., Village Engineer.
3. RESIDENT /VISITOR COMMENT
President Quinlan reported on the Autumn Festival this past weekend. Many residents
attended this event as special activities were offered to children and he thanked all of
those who participated in the event.
He announced that Fire Prevention Week begins with an Open House at the Village Fire
Department on Saturday.
President Quinlan indicated that the Bath & Tennis Club staff has submitted a
presentation to the Village Board of Trustees and he complimented on their efforts of the
proposal.
He then announced that the annual fall leaf pickup program would begin and asked
residents to please place their leaves in their yards rather than the street.
The Village is preparing for Halloween and if residents have any concerns in their
neighborhood for that day, to please contact Village Manager Boehm.
He also announced that the Village has started a new tradition and the Fire Department's
new fire engine was commissioned with the name of Ed. An article of the event was
printed in the Metro section of the Sunday Chicago Tribune. It is a state of the art piece
of fire safety equipment and the vehicle was name after the Village's first Fire Chief Ed
VILLAGE OF OAK BROOK Minutes Page 1 of 15
September 28, 2004
3. New.
President Quinlan noted at the last Village Board meeting a presentation was made by the
Hinsdale Sanitary District. Some of the logistics are being developed presently but
President Quinlan reported that sewer charges by the Hinsdale Sanitary District would
change affecting the sprinkling by our residents and the filling of pools. The District has
proposed to the Village that they will use the Downers Grove Sanitary District's system.
Residents should contact the Village Manager for further information. He indicated
Trustee Craig, who has been a champion of these efforts, was pleased to see that the
District has responded to the Village's request.
Bruce Libby addressed the Village Board of his concern of the kiosks in the Oakbrook
Shopping Center. He asked that a resolution be passed by the Board to rescind all retail
sales by these booths in the Oakbrook Shopping Center. Also he asked where the annual
Antique Automobile event would be held on Father's Day with so many booths.
President Quinlan stated the Board would take this matter into consideration.
4. APPROVAL OF MINUTES:
SPECIAL BOARD OF TRUSTEES MEETING OF AUGUST 30, 2004
Motion by Trustee Caleel, seconded by Trustee Yusuf, to approve the minutes of the
August 30, 2004 Special Board of Trustees meeting. VOICE VOTE: Motion carried.
SPECIAL BOARD OF TRUSTEES MEETING OF SEPTEMBER 7, 2004
Motion by Trustee Zannis, seconded by Trustee Korin, to continue the approval of the
minutes of the September 7, 2004 Special Board of Trustees meeting. VOICE VOTE:
Motion carried.
REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 14, 2004
Motion by Trustee Korin, seconded by Trustee Caleel, to approve the minutes of the
September 14, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried.
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion. Trustee Korin asked that Agenda Item 5. A. 2) Village Attorney
Fees - $22,173.50 be removed from the Consent Agenda for further discussion.
AGENDA ITEM 5. F. BUDGET ADJUSTMENTS
Trustee Zannis requested that Agenda Item 5. F. Budget Adjustments be removed from
VILLAGE OF OAK BROOK Minutes Page 2 of 15 September 28, 2004
0-11-1W--
5. the Consent Agenda for further discussion. She asked if this Agenda Item has been
placed on the Consent Agenda based on the motion she made at the last Board meeting if
there is a 10% change in a budget line item that it be placed on the Consent Agenda.
Manager Boehm indicated that this was placed on the Agenda accordingly. Trustee
Zannis stated when she made the motion it wasn't on the agenda for final action as the Ad
Hoc Committee was not on the agenda for final action and the Board should ratify it. She
asked if the Board must also ratify that motion as well. She stated it was not a valid
motion and not acted upon correctly and needs to be ratified. She asked that it be taken
off the agenda and be placed on the agenda for ratification at the next Village Board
meeting.
Manager Boehm explained that the motion was to bring all budget adjustments 10% or
greater forward to the Board of Trustees.
Motion by Trustee Korin, seconded by Trustee Caleel, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING SEPTEMBER 24, 2004 -
$654,144.28
Significant Items included in Above:
1) DuPage Water Commission - $252,539.11
3) James D. Fiala Company - Payout #5 — 2004 Paving Project - $53,393.46
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER 11, 2004 -
$663,223.75
C. COMMUNITY DEVELOPMENT REFERRALS
1) BUTLER NATIONAL GOLF COURSE — 2616 YORK ROAD — VARIATION
TO TITLE 9 — STORM WATER, FLOODPLAIN AND SEDIMENTATION
AND EROSION CONTROL REGULATIONS — SECTION 9 -6 -3V TO ALLOW
THE RELOCATION OF BUNKERS AND TEE BOXES WITHIN THE
FLOODWAY OF SALT CREEK
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS - None.
E. AUTHORIZATION TO HIRE, PROMOTE OR REASSIGN DUTIES OF VILLAGE
EMPLOYEES - None.
VILLAGE OF OAK BROOK Minutes Page 3 of 15 September 28, 2004
6&�
5. G. TREASURER'S REPORT AUGUST, 2004
H. CHANGE ORDER #2 — 2004 PAVING PROJECT - $4,833.59 — REVISED
CONTRACT AMOUNT - $926,645.80
ORDINANCE 2004 -PPO -S -1083, AN ORDINANCE AUTHORIZING THE SALE,
DONATION OR DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF OAK BROOK
6. ITEMS REMOVED FROM CONSENT AGENDA:
AGENDA ITEM 5. A. 2) ATTORNEY FEES - $22,173.50
Trustee Korin removed this agenda item from the Consent Agenda as she inquired if the
fees had been paid. Manager Boehm indicated that the check has not been paid. She
explained that she had a number of questions regarding the invoices and asked for a
consensus of the Board of Trustees of how to proceed. President Quinlan suggested that
the Village Attorney prepares a response and if a special meeting is needed then the Board
could call such a meeting to discuss this issue further. Attorney Kubiesa was given a
week to respond to the questions that Trustee Korin had submitted to him in her
interoffice memorandum dated September 28, 2004.
Trustee Zannis asked., for an explanation of the invoice dated August 19, 2004 of a
discussion relative to the liquor license ordinance to review numbers to be issued.
President Quinlan stated that a telephone call was placed to him by a resident asking
where his covenants stood and why he had not heard from the Village Attorney of his
covenants. President Quinlan stated he had received a telephone call from Clerk Gonnella
that some of the liquor licenses were to be canceled. So he contacted Attorney Kubiesa
and inquired about the covenants of the resident and developer and that the license issue
was informational in nature and no action was necessary as the Liquor Control
Commissioner.
Trustee Zannis asked for a status report of the liquor license ordinance and how many
liquor licenses have been issued. President Quinlan asked Deputy Clerk Harty to please
issue to the entire Board of Trustees the listing of all liquor licenses that are available in
the Village of Oak Brook and who own them. Trustee Caleel asked to include any new
applications.
Motion by Trustee Korm, seconded by Trustee Zannis, to continue Agenda Item 5. A. 2)
Village Attorney Fees - $22,137.50 to the next Village Board meeting. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 4 of 15 September 28, 2004
66--11'
7. BOARD & COMMISSION RECOMMENDATIONS:
A. 920 PAULEY, LLC AND CF 2020 SWIFT, LLC — 2020 SWIFT DRIVE -
VARIATION — FRONT YARD PARKING REGULATIONS
970 Pauly LLC and CF 2020 Swift LLC, the owners of the property at 2020 Swift
Drive have submitted a petition seeking approval of a variation to Section 13- 12 -3H.2
of the Zoning Ordinance to accommodate the construction of additional parking in the
front yard setback. In the ORA -1 District, the front yard setback is 100 -ft. and off -
street parking is limited to six spaces.
The property at 2020 Swift Drive presently is improved with a 57,000 sq.ft. building
and approximately 65 parking spaces. The original parking ratio was based on a
manufacturing use scenario that is no longer viable at this location.
The applicants are seeking a number of improvements to the building and site
including: the construction of a new 32 -space parking lot in the front yard; removing
approximately 6,000 sq.ft. of the existing building; updating the building fagade; and
consolidating all other parking in a new lot to be located on the south side of the
building.
The new parking lot is proposed to be setback 45 -ft. from the Swift Drive right -of -way
and will be extensively landscaped.
The Zoning Board of Appeals, by a vote of 4 to 0 have recommended approval of a
variation in order to construct a new 32 space parking lot with a 45 -ft. setback along
Swift Drive subject to the following:
• The proposed parking lot and building reconfiguration shall be constructed in
substantial conformance with the site plan (proposed site plan B) Page H of the
case file prepared by Heitman Architects dated 6/25/04.
• The proposed landscaping for the new 32 space parking lot along Swift Drive
shall be designed and constructed in accordance to the landscape exhibit (page
L of the case file) prepared by Gary R. Weber Associates.
• Additional letters of notification to be mailed to all properties along Swift
Drive informing them of the specific proposal along with the number of
parking spaces that would be added to the front yard.
In making this recommendation, the Zoning Board of Appeals found that the petitioner
has addressed the factors as required by the Ordinance for approval of a variation. In
particular, it was found that the variation would be designed so that the public health,
safety and welfare will be protected and there will be no substantial injury to other
property in the neighborhood. An updated building will also improve the aesthetics of
the area. Additionally, the presence of the existing drive aisle and six parking spaces
which now encroach approximately 40 feet into Swift Road setback lessens the overall
VILLAGE OF OAK BROOK Minutes Page 5 of 15 September 28, 2004
7. A. impact that the variation and new parking spaces will have on the neighborhood.
Staff Comments:
As recommended by the Zoning Board, Staff forwarded the revised site plan,
landscape plan and building elevation to all property owners that originally received
the public notice as well as all other property owners located along Windsor Driveand
Swift Drive. No negative comments on this request were received.
The building at 2020 Swift Drive has been vacant for some time and is in need of a
face -lift. The existing parking spaces are scattered throughout the site and it is
questionable whether some of the existing spaces would be useable considering the
location of the existing truck loading docks.
When this request was first submitted, Staff discussed a number of other alternatives
with the applicant including the possibility of a shared parking arrangement with
another property, the construction of a parking deck and reducing the building size
even further than what has been proposed. Each of these alternatives were either
impossible to achieve (shared parking arrangement because nothing was available) or
were not feasible due to physical or financial reasons (building a parking deck or
further reducing the building size).
Finally, to further limit the visual impact of a new parking lot along Swift Drive, it is
recommended that the applicant include the construction of at least a three (3') foot
high berm in addition to the proposed landscape screening.
Trustee Aktipis stated his hesitancy to approve all the parking spaces that are indicated
in the new plan. He would be more inclined to approve a variation of this plan and
still maintain at least fifty feet of setback from Swift Drive rather than the forty -five
proposed. He suggested only one row of parking would be appropriate and suitable.
That row would be perpendicular to the building so that not all the spaces on the
second row would be lost.
Motion by Trustee Aktipis, seconded by Trustee Korin, to continue this agenda item
to the next Village Board meeting and revisit the plan with the petitioner to maintain
the fifty (50') foot setback. VOICE VOTE: Motion carried.
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2004- ZO -V -S -1084 "AN ORDINANCE GRANTING A
VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -8A OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE
VILLAGE OF OAK BROOK Minutes Page 6 of 15 September 28, 2004
8. B. 1) OF OAK BROOK RELATIVE TO STRUCTURE HEIGHTS (Oak Brook Park
District, 1450 Forest Gate Road, Oak, Brook, IL 60523/P.I.N. 06 -26- 303 - 002)"
The Oak Brook Park District requested a variation to install ball field lights that
are sixty feet in height on Field #4 and seventy feet in height on Field #1. They
already have ball field lights on Fields #2 and #3. Many Forest Gate residents
expressed concerns regarding the installation of additional lights. The Park
District met with the Forest Gate representatives to address their concerns and both
the Park District and the Forest Gate representatives agreed to the conditions set
forth.
Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Ordinance
2004- ZO -V -S -1084, "An Ordinance Granting a Variation from the Provisions of
Section 13 -3 -8A of Title 13 ( "Zoning Regulations ") of the Village Code of the
Village of Oak Brook Relative to Structure Heights (Oak Brook Park District,
1450 Forest Gate Road, Oak, Brook, IL 60523/P.I.N. 06 -26- 303 - 002)" granting a
variation to the Oak Brook Park District allowing them to install ball field lights
on poles higher than that which is permitted in the Village of Oak Brook Zoning
Ordinance. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
D. HINSDALE SANITARY DISTRICT CONTRACTOR REQUEST FOR NIGHT
TWF. WORK
At its last meeting the Board of Trustees continued this matter to allow the opportunity
for the Village Manager to meet with Hinsdale Sanitary District (HSD) staff regarding
their request for waiver under Section 6 -1 -2 of the Village Code regarding use of
heavy equipment in residential areas outside of the allowed hours and address the
outstanding issue of the assessment of sewer charges during the outdoor watering
season. As a result of a meeting held on September 20, 2004 the HSD has modified its
work request from 8PM - 5AM to 8PM — 12AM and has committed to modifying its
sewer charges for irrigation policy as reflected in their letter of September 23, 2004.
As a result of the District's positions relative to the requested work hours as well as its
commitment to change the policy affecting sewer charges during the outdoor irrigation
season staff would recommend approval of the request. The request the Board would
be approving is a waiver of use of heavy equipment outside of the allowable hours of
work pursuant to 6 -1 -2 of the Village Code.
Manager Boehm explained that the policy change affecting sewer charges of sprinkled
VILLAGE OF OAK BROOK Minutes Page 7 of 15 September 28, 2004
8. D. water has been submitted in writing from the Hinsdale Sanitary District and their plans
should be in effect by May, 2005. They will follow the Downers Grove Sanitary
District system. It is the average of water consumption capped at one and a half times
a resident's normal winter rate. This would be done by application and a resident
would need to complete such a form.
Trustee Craig asked that the area affected is notified of this within the Village.
President Quinlan stated that it would be included in the President's message in the
next Village newsletter. Manager Boehm will have the Village's Information Services
place this information and application on the Village's website.
Trustee Caleel asked that the Village President include the form in our Village
newsletter.
Motion by Trustee Zannis, seconded by Trustee Korin, to approve granting a waiver
under Section 6 -1 -2 of the Village Code regarding hours of work to Hinsdale Sanitary
District's contractor for sewer inspection work between the hours of 8PM and 12AM
for approximately 5 nights during the Fall of 2004. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. RATIFY THE FORMATION OF AN AD HOC AUDIT COMMITTEE TO REVIEW
VILLAGE ATTORNEY BILLS
Trustee Korin has requested that this be placed on the agenda for ratification of the
motion she made at the September 14, 2004 Village Board meeting to create an Ad
Hoc Audit Committee to audit the Village Attorney fees from the date of his
employment with the Village of Oak Brook through the present date.
Trustee Caleel stated that the Village Attorney has indicated that this is not legal.
Attorney Kubiesa explained that the motion was not properly enacted at the last
Village Board meeting according to the Open Meetings Act nor that the Board has the
authority to enact that type of legislation to form that Ad Hoc Committee as explained
in his memorandum. Trustee Caleel stated that they could form the Committee on
their own.
President Quinlan stated that you could do this but the Ad Hoc Committee does not
have the legal standing to access the invoices and many of the records. He stated if
the true concern is the control of the Village Attorney fees or the legal fees that the
Village as a whole is spending, then maybe a professional review committee be
formed using the firm the Village has retained as the Audit Committee. Trustee Caleel
stated he had no objection to this.
VILLAGE OF OAK BROOK Minutes Page 8 of 15
6,�9�
September 28, 2004
8. E. Trustee Zannis stated that if the motion was not made correctly and in violation of the
Open Meetings Act, then the previous motion made to Agenda Item 5. F. was also in
violation. She asked that the Board be consistent with the rules that they follow
whether tabling, continuing or passing motions.
President Quinlan clarified that under New Business if the Board introduces a new
item that it may not be finalized as it did not have proper notification to the public.
The desire to form an Ad Hoc Committee was brought under New Business at the last
meeting, therefore could not be finalized. Trustee Caleel commented that it is
necessary to finalize this as an official action of the body so that the Committee would
have access to certain documents.
President Quinlan pointed out that he absolutely does not believe this is the right thing
to do involving residents that are not directly involved with Village government and
not professionals in any type of review. He indicated it does not accomplish the goals
of a proper, honest and exacting review of legal fees.
Trustee Yusuf asked if this is necessary at this point or could the Board ask the
questions and see if the answers satisfy the Board. The Board could then determine if
other individuals are necessary.
Trustee Aktipis stated he is disturbed that the Village Attorney has indicated in his
comments in the Chicago Tribune that he would be open to a review of his invoices by
the Trustees. Subsequently to that public comment, the Trustees are in receipt of a
letter from Attorney Kubiesa who essentially threatened with litigation should his bills
be reviewed in the manner in which the Board is proposing to review them. He
indicated that the Trustees have enough work to do and some help from two very well
qualified residents should be welcomed by the Village Attorney. Obviously, they will
help the Trustees review the invoices and help in their evaluation. He did not see a
need to go to an outside firm. If Attorney Kubiesa does not wish those volunteers to
participate, then two Trustees are quite capable of reviewing those bills and presenting
the results to the Board for action.
President Quinlan stated that he did not believe Attorney Kubiesa threatened litigation
for review of his bills but he informed the Board that litigation could come forward
should certain actions be continued. President Quinlan indicated that the Attorney has
been quite open to reviewing his bills. He also made it clear to him he is willing to
accommodate a review by a professional firm or the Trustees themselves .
Trustee Caleel indicated that the problem is only two Trustees may be together at one
time or it constitutes an illegal meeting.
Trustee Aktipis stated that if there are any items of such nature that the Village
Attorney deems them to be redacted that the Board would agree to it. He indicated in
VILLAGE OF OAK BROOK Minutes Page 9 of 15 September 28, 2004
r.��
8. E. his review that he did not see any major issues but if there is some substantial bridge
of confidentiality that would occur, then Attorney Kubiesa's comments are welcomed
of what should not be shown.
He indicated the two individuals in Oak Brook are well recognized as one is a retired
attorney and the other individual a certified public accountant that has experience in
auditing legal bills. He further stated that if Attorney Kubiesa did not want the two
individuals reviewing those bills then the two Trustees are capable of reviewing those
bills.
President Quinlan inquired as to how those two Trustees are capable when the finance
laision Trustee was not included. Trustee Korin explained that she chose Trustee
Aktipis because he has been very vocal and involved in this issue. She chose Trustee
Caleel because he is a level- headed person and she worked on a subcommittee for the
building of the Municipal Project with him. She indicated that she wasn't trying to
slight any other Trustee and felt any of the Trustees are capable.
President Quinlan indicated that the Ad Hoc Committee was purely of her own design.
Trustee Korin stated it was a motion that she set forth and passed unanimously among
the Board members present at that Board meeting.
President Quinlan asked if she spoke with Trustee Aktipis before she appointed him to
the Ad Hoc Committee. Trustee Korin indicated that she had not spoken to him as he
was out of town. She has spoken with him since and he stated it was fine.
Trustee Korin asked Attorney Kubiesa if the Board of Trustees is allowed to create an
Ad Hoc Committee. Attorney Kubiesa indicated that the act by the Board to appoint
this Ad Hoc Committee is not authorized by the Municipal Code or other applicable
law. He did not know if that were true to another Committee because he has not been
presented that question.
Attorney Kubiesa further explained that the Municipal Code provides what power and
authority a non -home rule community has and if it is not listed it does not have that
authority. Trustee Korin asked if any Ad Hoc Committees are listed in the Municipal
Code. Attorney Kubiesa stated there are other bodies and agencies of municipal
government that are specifically authorized by the Municipal Code.
Trustee Aktipis asked to move forward with the passage of this motion and the legal
implications of that may be decided upon review by the Attorneys.
Trustee Yusuf stated that the Autumn Fest Committee is an Ad Hoc Committee
created in the Village Code. Trustee Zannis noted that the Sports Core Committee she
worked on was not in the Village Code but an Ad Hoc Committee. President Quinlan
indicated it was not authorized by the Board of Trustees. Trustee Zannis stated there
VILLAGE OF OAK BROOK Minutes Page 10 of 15 September 28, 2004
8. E. wasn't any legal issues whether they could convene and set forth financial strategies.
President Quinlan noted that it was never brought forward to the Board. President
Quinlan stated if it is the desire to move forward with the Ad Hoc Committee, then it
is noted for the record that if the Board is trying to find answers to certain questions
that a professional service should be hired. President Quinlan called the question.
Motion by Trustee Korin, seconded by Trustee Caleel, to ratify the formation of the
Ad Hoc Audit Committee to review Village Attorney bills as introduced by Trustee
Korin at the September 14, 2004 Village Board meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. RELEASE OF VILLAGE ATTORNEY DETAILED INVOICES TO THE AD HOC
AUDIT COMMITTEE
Trustee Korin has requested that this item be placed on the agenda for Board approval
and that the invoices have been approved for release to the Committee by September
28, 2004 and any confidential information has been redacted accordingly.
Motion by Trustee Korin, seconded by Trustee Aktipis, to approve release the Village
Attorney detailed invoices to the Ad Hoc Audit Committee with any confidential
information redacted accordingly. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
9. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2004 -EM- NIMS -R -886, "A RESOLUTION ADOPTING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)."
In February of 2004, President Bush signed an Executive Order that directed the
Department of Homeland Security to develop a National Incident Management
System to serve as the nation's policy of how federal, state, and local
governments interact in the event of a national emergency or an attack. This
Executive Order requires all state and local governments to pass the attached
resolution by October 1, 2004 indicating that they intend to become NIMS
compliant. In effect, the goal of the NIMS system is to incorporate a common
VILLAGE OF OAK BROOK Minutes Page 11 of 15 September 28, 2004
9. B. 1) plan for all governmental entities to respond and communicate during an
emergency or incident. A key outcome of a common system would be common
training on a single system which would provide the ability for neighboring
public safety entities a solid understanding of the response plan and
communication process when assisting in the response to high risk situations of
another community.
The Executive Order also authorizes all federal departments and agencies to adopt
this resolution as a requirement of their individual programs, services, and
preparedness assistance by any entity, thereby precluding federal assistance to
municipalities that do not adopt a NIMS resolution.
Further, although additional requirements related to training and the overall
system is expected to be released, training programs are already underway. As a
point of information, the Oak Brook fire department and the police department
have had key staff attend training seminars in working towards NIMS
certification with additional staff, and staff in other departments including public
works scheduled to attend upcoming training. Correspondence from the DuPage
Mayors and Managers, Legislative Committee, and the Metropolitan Mayor's
Caucus further outlines the NIMS system and related questions from other
municipal officials on the system.
Motion by Trustee Korin, seconded by Trustee Caleel, for passage of Resolution
2004 -EM- NIMS -R -886, "A Resolution Adopting the National Incident
Management System. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) ORDINANCE 2004 -PW- WEED -NW -G -759, "AN ORDINANCE AMENDING
SECTION 8 -1 -1 (DEFINITIONS) OF CHAPTER 1 (PUBLIC WORKS
REGULATIONS) OF TITLE 8 (PUBLIC WORKS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO NOXIOUS WEEDS"
During the growing season, the Village periodically performs Village -wide
inspections, mostly of vacant lots, to insure that noxious weeds are not present
and/or proliferating. Being a non -home rule municipality, the Village is governed
by State Statute on the subject of noxious weeds and must follow the State's
protocol regarding same. As such, and as a "house- keeping" matter, the Village
needs to update the listing of noxious weeds to mirror that as contained in the
statutes. The present listing has not kept pace with periodic changes made to the
State's list.
Most notable changes are the inclusion of marijuana and the Kudzu plant. The
VILLAGE OF OAK BROOK Minutes Page 12 of 15 September 28, 2004
9. B. 2) Village Attorney has reviewed the ordinance and has found it to be proper to form
and content.
Motion by Trustee Zannis, seconded by Trustee Yusuf, for passage of Ordinance
2004 -PW- WEED -NW -G -759, "An Ordinance Amending Section 8 -1 -1
(Definitions) of Chapter 1 (Public Works Regulations) of Title 8 (Public Works) of
the Village Code of the Village of Oak Brook Relative to Noxious Weeds." ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
D. AUTHORIZATION TO PURCHASE - None.
10. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT - Report given at the beginning of the meeting.
B. VILLAGE MANAGER - Manager Boehm announced that Halloween will be
observed in Oak Brook on Sunday, October 31St from 2:00 p.m. to 7:00 p.m. A press
release will be issued. Please note that parents are aware that this will be the first day
of non - daylight savings time and it will be darker much earlier and to prepare children
accordingly.
C. VILLAGE CLERK — Deputy Clerk Harty read the following election update that voter
registration will close on October 5th. The Clerk's office is open Monday through
Friday for voter registration from 8:30 a.m. to 5:00 p.m. Applications for absentee
ballots are available to anyone who will be out of town. Please contact the Clerk's
office for the application and it will be sent to you.
In- person absentee voting will begin on October 12th for Oak Brook residents through
November 1St. The hours are from 8:30 a.m. to 4:30 p.m. Monday through Friday and
Saturdays from 9:00 a.m. to 12:00 p.m. Monday, November 1St absentee voting will
close at 12:00 noon.
A Consolidated Election will be held on April 5, 2005 with three Village Trustees
terms expiring. There will be an election for this with candidate packets available in
the Village Clerk's office. The first day to circulate petitions is Wednesday, October
27th Currently five residents have picked up candidate packets; they are Richard rash,
Louis Hall, Moinuddin Saiyed, Robert Sanford and Al Knuth.
Trustee Yusuf announced that one of our Police Officers Catherine Thon received an
VILLAGE OF OAK BROOK Minutes Page 13 of 15 September 28, 2004
10. award from Mothers Against Drunk Driving (MADD) for her outstanding efforts in
the field of DUI arrests. This was the DuPage Chapter of Mothers Against Drunk
Driving. He commended her for her efforts. Also the Police Department is moving
forward in implementing a computer aided dispatching system. This is a state of the
art and full proof system. This is being substantially funded from DuPage County
funding from the 911 System as minimal expense to the Village of Oak Brook. It
should be in operation by mid to late October. Sgt. Mucha will be happy to give a
demonstration of its capabilities. He urged the Board of Trustees to view the system
as it will be implemented for the Police and Fire Departments as an enhancement to
our public safety.
Trustee Caleel asked what is the disposition of the DUI's when the Village converted
back to the State. President Quinlan stated the disposition of those cases rests with
State's Attorney Birkett. He would follow -up on this to insure the Board receives an
answer to this question.
Trustee Yusuf indicated that it would be nice if they were finished so that there is a
benchmark to compare the prosecution of our in -house cases with the prosecution by
the State's Attorney to determine if those concerns that the Board had about that
ordinance were valid.
Trustee Caleel asked if they were all reported to the State Attorney's office in terms of
DUI. President Quinlan stated that all DUI's are reported to the State Attorney's
Office regardless of how the prosecution is being processed.
11 ADJOURN TO CLOSED MEETING to consider litigation, when an action against,
affecting or on behalf of the Village has been filed and is pending before a court or
administrative tribunal, or when the public body finds that an action is probable or
imminent.
Trustee Aktipis stated that he remains, as always, totally opposed to closed meetings but
in this particular instance this closed meeting is necessary in a matter of litigation that
cannot be discussed in the open and therefore he is in favor of this. President Quinlan
noted that he also called for the closed meeting.
Motion by Trustee Craig, seconded by Trustee Aktipis, to adjourn to closed meeting at
8:30 p.m. to consider litigation, when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative tribunal, or when the
public body finds that an action is probable or imminent. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korn, Yusuf and Zanms.
Nays. 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 14 of 15 September 28, 2004
6611-,
12. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 9:26
p.m. VOICE VOTE: Motion carried.
ATTEST:
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 15 of 15 September 28, 2004